Omaha daily bee., 1887-11-03

The Supreme Court and the Anarchists
The application Of the attorneys for
the Chicago anarchists to the supreme
court OF the United States for writ OF
error has been refused by that tribunal,
the full bench concurring in the de-
cisiou. This result was not unexpected,
in view of past decisions of the court
having q bearing upon the questions
presented in this case. These judg-
ments are referred to in the decision as
precedents of the correctness Of which
the court entertained no doubt, and with
the ruling just made constitute strong
barrier for the exclusion OF similar cases
from the jurisdiction Of the federal su-
preme court.
Regarding the legal merits Of the de-
cision in the anarchist case there will
probably be very little question. 1t bears
evidence OF careful deliberation, solici-
tude to overlook no relevant detail, and
desire to state the position of the
court as clearly and plainly as language
could do it, all indicating a profound
sense OF the great Importance of the
case in all its aspects and bearings. 1t
will be obvious, we think, to every un-
prejudiced reader Of the decision that
the court might have warrantably dis
missed the application without listening
to arguments, simply upon the plainly
defective character Of the grounds of
application as shown by the record.
The lack of knowledge or foresight on
the part of the attorneys in the trial is
conspicuously shown in their omission
to fortify themselves on those points
most vital in relation to the constitu-
tional questions which they subse-
quently raised and most essential to
establish the jurisdiction Of the supreme
court. 1t appears possible that the
result might have been different had
objection been made in the trial court to
the admission of the evidence which vir-
tually compelled the prisoners to testify
against themselves, but this their at
torneys failed to do. 1t was not the
only matter in which they were weak,
though apparently not the least i'm
portant.
Having found the jury law Of Illinois
valid and constitutional upon its face,
and nothing in the record respecting
the acceptance Of the alleged preju-
diced juror contravening the require
ments of the law, the claim
that the jury was not infpar-
tial by reason of the presence
of this juror could not be
sustained. Although the juror in
question had expressed an opinion on
the case and was pronounced in his hos
tility to the class represented by the
men on trial, it was sufficient to qualify
him as a juror that hesatistied the court
of his ability to render verdict accord
ing to the evidence. The general i'm
portance of the decision as to this mat
tor will be obvious, since it affirms the
validity of jury laws permitting this
latitude.
The sole remaining hope of the con-
demned men is in the clemency of Gov
ernOr Oglesby. None of them have
| pctitioned for communication of sentence
and probably will not, but the pres
sure upon the governor during the
remaining eight days before that
fixed for the execution, by those who
believe it would be u grave mistake to
hang these men, will undoubtedly be
very great. The responsibility thus
thrown upon the governor is, perhaps,
the most serious that has ever con-
fronted him. He must be aware of the
fact that since these men were convicted
and condemned to death there has been
a very great change in popular opinion
respecting both the justice and the wis
dom of that verdict For every ten peo-
pie who disapproved the verdict when
rendered there are now ten thousand
and the vast majority of these are law.
respecting citizens who have no sym.
pathy with the principles or the
methods of anarchists. Many have
become convinced that justice
does not demand the lives o.
these men, while others believe that al
a matter of public policy it would bt
wiser to let them live, placing then
beyond the power of further mischief b,
q prolonged term of imprisonment
Every argument that these people cal
present will be placed before the govern
or during the next eight days, and or
the other hand he will have to conside
the verdict Of the law and the might,
prejudice against the condemned ant
their principles with which it is sup
ported. 1t is very grave, importan
and solemn duty that is now imposed
upon Governor Oglesby, and his actor
will be awaited with universal interes
and anxiety.
Lee Estelle.